RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02930
INDEX CODE 106.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1958 under-other-than-honorable-conditions (UOTHC) discharge be
upgraded to general.
_________________________________________________________________
APPLICANT CONTENDS THAT:
When he entered the Air Force he was 17 years old and made a mistake
in judgment, which he regrets and would not do again. No court-
martial was involved. He wanted to stay in the Air Force but was not
allowed because of a five-year probation by the Civil Court. He was
65 years old on 20 Sep 04, and wants his discharge upgraded. He has
had no further problems with the law. He’s been married for 44 years,
raised four children, and owned his own business for 30 years. He
paid for what he did and learned a lesson that lasted a lifetime. He
would be grateful for a general discharge.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s military personnel records are virtually nonexistent
and presumably were destroyed in the 1973 fire at the National
Personnel Record Center.
His DD Form 214 reflects he enlisted in the Regular Air Force for a
period of four years on 17 Oct 56, and was assigned to Sheppard AFB,
TX as an aircraft mechanic. He was 17 years old at the time. On 29
May 58, the applicant was separated in the grade of airman basic with
a UOTHC (formerly undesirable) discharge. No further information is
available.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Washington, D.C., indicated that on the basis of the data furnished,
they were unable to locate an arrest record (Exhibit C).
On 10 Jan 05, the AFBCMR Staff invited the applicant to submit post-
service information. However, as of this date, this office has
received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice to warrant upgrading the
applicant’s UOTHC discharge. Considering the limited existing record,
and the applicant’s failure to establish his discharge was improper or
contrary to the provisions of the governing regulations at the time,
we are reluctant to change the characterization of his service due to
error or injustice. Given the lack of an FBI arrest record, we would
have been willing to consider the applicant’s request on the basis of
clemency. However, he did not respond to the AFBCMR Staff’s 10 Jan 05
invitation to provide post-service information. At this point, we do
not know how serious his military misconduct was, or whether he
subsequently turned his life around as he now asserts. We strongly
encourage the applicant to provide some details or documentation about
the circumstances of his discharge and, more importantly, the type of
post-service information described in the Information Bulletin
enclosed. We would be very willing to reconsider his case for
possible clemency should he provide such materials. Unless or until
he does so, however, we find no compelling basis to recommend granting
the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 3 March 2005 under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. John B. Hennessey, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2004-02930 was considered:
Exhibit A. DD Form 149, dated 10 Nov 04, w/atch.
Exhibit B. Reconstituted Records.
Exhibit C. FBI Report - Negative.
Exhibit D. Letter, AFBCMR, dated 10 Jan 05.
WAYNE R. GRACIE
Panel Chair
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